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i am eligible for ILR, pending EU settled status

Posted: Mon May 17, 2021 12:14 am
by Aownnaqvi
Hi there,

I came in this country 30 may 2011 on student visa which was expired 6 June 2015

I married with EU national on 17 February 2015, on
30 may 2015 (before my student visa expiry date) I applied for EU spouse visa which was refused in September 2015

I launched an appeal within time, and my appeal was successful on 17 July 2017

Home office grant me spouse visa for 5 years on 14 April 2018, its valid until 14 April 2023

My spouse and I separated end of February 2020

We spend 5 years together

In September 2020 I put divorce case, which is not finalized yet, although I received some letters from Cort, my divorce will be finalized in any time.

13 February 2021 I put online EU Settled status case retain right to remain after divorce category, I attached some initial divorce documents that I received from court, its been three months my case is pending

meanwhile I have completed my 10 years legal time for long residency route

My retain to remain after divorce case in EU scheme is pending for long time, so I am thinking to put long residency case, my question to immigration experts is, am I eligible to go for 10 years route, and what consequences would be in my given circumstances

Please help

Re: i am eligible for ILR, pending EU settled status

Posted: Mon May 17, 2021 12:36 pm
by Aownnaqvi
Please gurus urgent advise needed

Re: i am eligible for ILR, pending EU settled status

Posted: Mon May 17, 2021 12:59 pm
by CR001
What evidence of your spouse exercising treaty rights for the whole period since you married do you have??

Re: i am eligible for ILR, pending EU settled status

Posted: Mon May 17, 2021 5:12 pm
by Aownnaqvi
Thank you very much CR001 for your reply, I got her payslips from April 2015 to until we were separated February 2020, I hope you gonna reply,
thanks in advance

Re: i am eligible for ILR, pending EU settled status

Posted: Mon May 17, 2021 10:15 pm
by Aownnaqvi
Urgently help needed please anybody reply

Re: i am eligible for ILR, pending EU settled status

Posted: Tue May 18, 2021 12:43 pm
by zimba
You can apply under long residence if you have all those evidence however if you applied under the EU settlement scheme for ILR, then the long residence will be kind of redundant. It is really up to you

Re: i am eligible for ILR, pending EU settled status

Posted: Tue May 18, 2021 3:00 pm
by Aownnaqvi
Thank you zimba for your reply.

As i mentioned above that i have proof of excercising rights but i have only for until 2017 not afterwards.

When i applied on eu settlement scheme i only provided 5years tenancy agreement shows living together i only have tenancy agreement nothing else as we are separated it is impossible for me to get any further proof of living together or exercising treaty rights.

As i completed 10 years legal if things goes side ways and incase do not get positive outcome or asked for submit further documents which i cannot provide .

Is this possible for me to apply for long residence without providing documents which i do not have access and i am not in good terms with my ex wife.


Guide me on this option if its possible for me to get long residence easily without providing any further evidence?

Re: i am eligible for ILR, pending EU settled status

Posted: Tue May 18, 2021 4:02 pm
by zimba
This is up to UKVI. They will ask for evidence of your ex exercising treaty rights until you were separated. I believe having the payslips is enough to prove but there are no guarantees